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Let's talk antitrust: Discussing recent cases and emerging competition issues
Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
Global | Publication | June 2018
Decree 683 of 2018 issued by the Ministry of Labor revoked Decree 583 of 2016 which ruled articles 63 of Law 1429 of 2010 and 74 of Law 1753 of 2015 regarding outsourcing and employment mediation and established guidelines for the inspection, surveillance and control on labor intermediation for all types of employment relationships, other than direct recruitment.
The overriding of Decree 583 of 2016 arose as a consequence of the Council of State ruling of July 6, 2017, according that declares the invalidity of the notion of “illegal outsourcing”.
Article 63 of Law 1429 of 2010 remains in force and establishes that: “personnel required in any organization and/or company private and/or public for the development of permanent missional activities cannot be affiliated through a Work Cooperative (Cooperativas de trabajo Asociado) that carry out labor intermediation or under any other type of labor relationship that affects the constitutional and legal or social benefits granted under labor legislation.”
Currently, under Colombian law, it is prohibited to hire personnel for the development of permanent missional activities (related to the organization´s or company´s productive activity) under any type of labor relationship that affect the constitutional and legal or social benefits granted to employees. Nonetheless, with Decree 583 of 2016 now repealed, the illustrative and interpretative elements established by the Ministry of Labor for the investigation of alleged cases of illegal outsourcing are also voided, which limits the inquiry and subsequent sanction imposition faculties of the Ministry in such cases.
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Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
Publication
After a lacklustre finish to 2022 when compared to the vintage year for M&A that was 2021, dealmakers expected 2023 to see the market continue to cool in most sectors, in response to the economic headwinds of rising inflation (with its corresponding impact on financing costs), declining market valuations, tightening regulatory scrutiny and increasing geopolitical tensions.
Publication
On 18 September 2023, the CMA published its Initial Report (Initial Report) on AI Foundation Models (FM), supplemented in April 2024 with the publication of its “Update Paper” focused on potential antitrust risks associated with FMs and a “Technical Update Report” providing more detail on the development on FMs (collectively the “Reports”). Below, we consider these CMA publications.
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